HomeMy WebLinkAbout07/17/2018 06J 2018 Stormwater Projects Agreement with Perteet, Inc.BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
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Item No. 6.J.
For Meeting of: July 17, 2018
ITEM TITLE: Resolution authorizing an agreement with Perteet, Inc., in an
amount not to exceed $259,800, for Engineering Services in the
design, development, inspection and construction management of
the 2018 Stormwater Projects citywide improvements
SUBMITTED BY: Scott Schafer, Director of Public Works
Brett Sheffield, Chief Engineer, 576-6797
SUMMARY EXPLANATION:
This is a resolution authorizing a Professional Services Agreement with Perteet, Inc., for the
development of plans, specifications and estimates, along with inspection and construction
management services required to address several identified stormwater issues throughout the
City of Yakima.
Using the Municipal Research and Services Center (MRSC) of Washington Roster, a statewide
small works and consultants roster system, the City submitted Request for Qualifications to three
engineering consulting firms. Followed by a competitive selection process, the City selected
Perteet, Inc. Perteet, Inc. was determined to be the most qualified to perform the needed design
work on the City's stormwater system. The the project locations are:
1. SummitviewAvenue and N. 7th Avenue
2. Englewood Avenue and N. 59th Avenue vicinity
3. N. 65th Avenue and Englewood Avenue
4. N. 48th Avenue and Webster Road
5. N. 48th Avenue and Viewland Drive
6. N. 48th Avenue and Madera Way
7. S. 15th Avenue and W. Mead Avenue
The terms of the Agreement would be in an amount not to exceed $259,800. (See attached
Agreement with Exhibits A, B and C). Fund 442 will cover the expenses. Exhibit A of the
Agreement describes the Scope of Work. Exhibit B of the Agreement describes the
Professional Fees per project. Exhibit C of the Agreement describes the Schedule of Rates.
ITEM BUDGETED: Yes
STRATEGIC PRIORITY: Public Safety
APPROVED FOR
SUBMITTAL:
STAFF RECOMMENDATION:
Adopt resolution.
BOARD/COMMITTEE RECOMMENDATION:
ATTACHMENTS:
Description Upload Date
• resolution 7/10/2018
• Professional SenAces Agreement 6;29/2018
Type
Omer Memo
Cover Memo
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A RESOLUTION
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RESOLUTION NO. 2018 -
authorizing an Agreement with Perteet, Inc., not to exceed $259,800, for
the engineering design and development of Plans, Specifications and
Estimates, along with inspection and construction management services
for the 2018 Stormwater Projects project.
WHEREAS, the Stormwater Division of the Public Works Department has funding
available to address seven locations with stormwater runoff issues; and,
WHEREAS, the City desires to hire an engineering consulting firm to develop the plans
and specifications, and perform the inspection and construction management services required
to construct these projects; and,
WHEREAS, the City of Yakima has followed the procedure established by the State of
Washington to select and recommend an engineering consulting firm using the Municipal
Research and Service Center Professional Services Roster process to select a firm to perform
the design work; and
WHEREAS, Perteet, Inc. was determined to be the most qualified to perform the needed
work at this time; and
WHEREAS, the Scope of Work and Budget included in this Professional Services
Agreement meet the needs and requirements of the City of Yakima for this project; and,
WHEREAS, the City Council has determined that it is in the best interest of the City and
its residents to enter into a professional services agreement with Perteet, Inc. to perform the
required engineering services, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized to execute an Agreement with Perteet, Inc.,
attached hereto and incorporated herein by this reference not to exceed Two Hundred Fifty -Nine
Thousand Eight Hundred Dollars ($259,800) to provide the Professional Services as described in
the Agreement.
ADOPTED BY THE CITY COUNCIL this 10th day of July, 2018.
Kathy Coffey, Mayor
ATTEST:
Sonya Claar Tee, City Clerk
For City of Yakima Use Only:
Contract No.
Project No.
Resolution No.
SOQ No.
AGREEMENT
BETWEEN
CITY OF YAKIMA, WASHINGTON
AND
PERTEET, INC.
FOR PROFESSIONAL SERVICES
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THIS AGREEMENT, made and entered into on this day of , 2018, by and
between the City of Yakima, Washington, a municipal corporation with its principal office at 129 North
Second Street, Yakima, WA 98901, hereinafter referred to as "CITY", and Perteet, Inc., with its principal
office at 2707 Colby Avenue, Suite 900, Everett, WA 98201, hereinafter referred to as "ENGINEER"; said
corporation and its principal engineers are licensed and registered to do business in the State of
Washington, and will provide consulting services under this Agreement for the development of the 2018
Stormwater Projects on behalf of the City of Yakima, Project No. 2469, herein referred to as the
"PROJECT."
WITNESSETH:
RECITALS
WHEREAS, CITY desires to retain the ENGINEER to provide engineering services for developing
the PROJECT, as described in this Agreement and subsequent Amendments thereto; and
WHEREAS, ENGINEER represents that it has available and offers to provide personnel with
knowledge and experience necessary to satisfactorily accomplish the work within the required time and
that it has no conflicts of interest prohibited by law from entering into this Agreement;
NOW, THEREFORE, CITY and ENGINEER agree as follows:
SECTION 1 INCORPORATION OF RECITALS
1.1 The above recitals are incorporated into these operative provisions of the Agreement.
SECTION 2 SCOPE OF SERVICES
2.0.1 ENGINEER agrees to perform those services described hereafter. Unless modified in
writing by both parties, duties of ENGINEER shall not be construed to exceed those
services specifically set forth herein.
2.0.2 ENGINEER shall use its best efforts to maintain continuity in personnel and shall assign,
Kirk Holmes as Principal -in -Charge throughout the term of this Agreement unless other
personnel are approved by the CITY.
2.1 Basic Services: ENGINEER agrees to perform those tasks described in Exhibit A, entitled "2018
Stormwater Projects" (WORK) which is attached hereto and made a part of this Agreement as if
fully set forth herein.
2.2 Additional Services: CITY and ENGINEER agree that not all WORK to be performed by
ENGINEER can be defined in detail at the time this Agreement is executed, and that additional
WORK related to the Project and not covered in Exhibit A may be needed during performance of
this Agreement. CITY may, at any time, by written order, direct the ENGINEER to revise portions
of the PROJECT WORK previously completed in a satisfactory manner, delete portions of the
PROJECT, or request that the ENGINEER perform additional WORK beyond the scope of the
PROJECT WORK. Such changes hereinafter shall be referred to as "Additional Services."
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2.2.1 If such Additional Services cause an increase or decrease in the ENGINEER'S cost of, or
time required for, performance of any services under this Agreement, a contract price
and/or completion time adjustment pursuant to this Agreement shall be made and this
Agreement shall be modified in writing accordingly.
2.2.2 Compensation for each such request for Additional Services shall be negotiated by the
CITY and the ENGINEER according to the provisions set forth in Exhibit B, attached
hereto and incorporated herein by this reference, and if so authorized, shall be
considered part of the PROJECT WORK. The ENGINEER shall not perform any
Additional Services until so authorized by CITY and agreed to by the ENGINEER in
writing.
2.3 The ENGINEER must assert any claim for adjustment in writing within thirty (30) days from the
date of the ENGINEER's receipt of the written notification of change.
SECTION 3 CITY'S RESPONSIBILITIES
3.1 CITY -FURNISHED DATA: The CITY will provide to the ENGINEER all technical data in the
CITY'S possession relating to the ENGINEER'S services on the PROJECT including information
on any pre-existing conditions known to the CITY that constitute hazardous waste contamination
on the PROJECT site as determined by an authorized regulatory agency.
3.2 ACCESS TO FACILITIES AND PROPERTY: The CITY will make its facilities reasonably
accessible to ENGINEER as required for ENGINEER'S performance of its services and will
provide labor and safety equipment as reasonably required by ENGINEER for such access.
3.3 TIMELY REVIEW: The CITY will examine the ENGINEER'S studies, reports, sketches, drawings,
specifications, proposals, and other documents; obtain advice of an attorney, insurance
counselor, accountant, auditor, bond and financial advisors, and other consultants as CITY
deems appropriate; and render in writing decisions required of CITY in a timely manner. Such
examinations and decisions, however, shall not relieve the ENGINEER of any contractual
obligations nor of its duty to render professional services meeting the standards of care for its
profession.
3.4 CITY shall appoint a CITY'S Representative with respect to WORK to be performed under this
Agreement. CITY'S Representative shall have complete authority to transmit instructions and
receive information. ENGINEER shall be entitled to reasonably rely on such instructions made by
the CITY'S Representative unless otherwise directed in writing by the CITY, but ENGINEER shall
be responsible for bringing to the attention of the CITY'S Representative any instructions which
the ENGINEER believes are inadequate, incomplete, or inaccurate based upon the ENGINEER'S
knowledge.
3.5 Any documents, services, and reports provided by the CITY to the ENGINEER are available
solely as additional information to the ENGINEER and will not relieve the ENGINEER of its duties
and obligations under this Agreement or at law. The ENGINEER shall be entitled to reasonably
rely upon the accuracy and the completeness of such documents, services and reports, but shall
be responsible for exercising customary professional care in using and reviewing such
documents, services, and reports and drawing conclusions there from.
SECTION 4 AUTHORIZATION, PROGRESS, AND COMPLETION
4.1 In signing this Agreement, CITY grants ENGINEER specific authorization to proceed with WORK
described in Exhibit A. The time for completion is defined in Exhibit A, or as amended.
SECTION 5 COMPENSATION
5.1 COMPENSATION ON A TIME SPENT BASIS AT SPECIFIC HOURLY RATES: For the services
described in Exhibit A, compensation shall be according to Exhibit C - Schedule of Specific
Hourly Rates, attached hereto and incorporated herein by this reference, on a time spent basis
plus reimbursement for direct non -salary expenses.
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5.1.1 DIRECT NON -SALARY EXPENSES: Direct Non -Salary Expenses are those costs
incurred on or directly for the PROJECT including, but not limited to, necessary
transportation costs, including current rates for ENGINEER'S vehicles; meals and
lodging; laboratory tests and analyses; printing, binding and reproduction charges; all
costs associated with other outside nonprofessional services and facilities; special CITY -
requested and PROJECT -related insurance and performance warranty costs; and other
similar costs. Reimbursement for Direct Non -Salary Expenses will be on the basis of
actual charges plus a reasonable markup, not to exceed ten percent (10%) and on the
basis of current rates when furnished by ENGINEER. Estimated Direct Non -Salary
Expenses are shown in Exhibit B.
5.1.1.1 Travel costs, including transportation, lodging, subsistence, and incidental
expenses incurred by employees of the ENGINEER and each of the
Subconsultants in connection with PROJECT WORK; provided, as follows:
• That a maximum of U.S. INTERNAL REVENUE SERVICE allowed cents
per mile will be paid for the operation, maintenance, and depreciation
costs of company or individually owned vehicles for that portion of time
they are used for PROJECT WORK. ENGINEER, whenever possible,
will use the least expensive form of ground transportation.
• That reimbursement for meals inclusive of tips shall not exceed a
maximum of forty dollars ($40) per day per person. This rate may be
adjusted on a yearly basis.
• That accommodation shall be at a reasonably priced hotel/motel.
• That air travel shall be by coach class, and shall be used only when
absolutely necessary.
5.1.2 Telephone charges, computer charges, in-house reproduction charges, first class
postage, and FAX charges are not included in the direct expense costs, but are
considered included in the Schedule of Specific Hourly Billing Rates.
5.1.3 Professional Subconsultants. Professional Subconsultants are those costs for
engineering, architecture, geotechnical services and similar professional services
approved by the CITY. Reimbursement for Professional Subconsultants will be on the
basis of actual costs billed plus a reasonable markup, not to exceed ten percent (10%)
for services provided to the CITY through this Agreement. Estimated Subconsultant
costs are shown in Exhibit B.
5.2 Unless specifically authorized in writing by the CITY, the total budgetary amount for this
PROJECT shall not exceed Two Hundred Fifty -Nine Thousand Eight Hundred Dollars ($259,800).
The ENGINEER will make reasonable efforts to complete the WORK within the budget and will
keep CITY informed of progress toward that end so that the budget or WORK effort can be
adjusted if found necessary. The ENGINEER is not obligated to incur costs beyond the indicated
budget, as may be adjusted, nor is the CITY obligated to pay the ENGINEER beyond these limits.
When any budget has been increased, the ENGINEER'S excess costs expended prior to such
increase will be allowable to the same extent as if such costs had been incurred after the
approved increase, and provided that the City was informed in writing at the time such costs were
incurred.
5.3 The ENGINEER shall submit to the City's Representative an invoice each month for payment for
PROJECT services completed through the accounting cut-off day of the previous month. Such
invoices shall be for PROJECT services and WORK performed and costs incurred prior to the
date of the invoice and not covered by previously submitted invoices. The ENGINEER shall
submit with each invoice a summary of time expended on the PROJECT for the current billing
period, copies of subconsultant invoices, and any other supporting materials determined by the
City necessary to substantiate the costs incurred. CITY will use its best efforts to pay such
invoices within thirty (30) days of receipt and upon approval of the WORK done and amount
billed. CITY will notify the ENGINEER promptly if any problems are noted with the invoice. CITY
may question any item in an invoice, noting to ENGINEER the questionable item(s) and
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withholding payment for such item(s). The ENGINEER may resubmit such item(s) in a
subsequent invoice together with additional supporting information required.
5.4 If payment is not made within sixty (60) days following receipt of approved invoices, interest on
the unpaid balance shall accrue beginning with the sixty-first (61) day at the rate of 1.0% per
month or the maximum interest rate permitted by law, whichever is less; provided, however, that
no interest shall accrue pursuant to Chapter 39.76 RCW when before the date of timely payment
a notice of dispute is issued in good faith by the CITY to the ENGINEER pursuant to the terms of
RCW 39.76.020(4).
5.5 Final payment of any balance due the ENGINEER for PROJECT services will be made within
forty-five (45) days after satisfactory completion of the services required by this Agreement as
evidenced by written acceptance by CITY and after such audit or verification as CITY may deem
necessary and execution and delivery by the ENGINEER of a release of all known payment
claims against CITY arising under or by virtue of this Agreement, other than such payment
claims, if any, as may be specifically exempted by the ENGINEER from the operation of the
release in stated amounts to be set forth therein.
5.6 Payment for any PROJECT services and WORK shall not constitute a waiver or release by CITY
of any claims, right, or remedy it may have against the ENGINEER under this Agreement or by
law, nor shall such payment constitute a waiver, remission, or discharge by CITY of any failure or
fault of the ENGINEER to satisfactorily perform the PROJECT WORK as required under this
Agreement.
SECTION 6 RESPONSIBILITY OF ENGINEER
6.1 The ENGINEER shall be responsible for the professional quality, technical adequacy and
accuracy, timely completion, and the coordination of all plans, design, drawings, specifications,
reports, and other services furnished by the ENGINEER under this Agreement. The ENGINEER
shall, without additional compensation, correct or review any errors, omissions, or other
deficiencies in its plans, designs, drawings, specifications, reports, and other services. The
ENGINEER shall perform its WORK according to generally accepted civil engineering standards
of care and consistent with achieving the PROJECT WORK within budget, on time, and in
compliance with applicable laws, regulations, and permits.
6.2 CITY'S review or approval of, or payment for, any plans, drawings, designs, specifications,
reports, and incidental WORK or services furnished hereunder shall not in any way relieve the
ENGINEER of responsibility for the technical adequacy, completeness, or accuracy of its WORK
and the PROJECT WORK. CITY'S review, approval, or payment for any of the services shall not
be construed to operate as a waiver of any rights under this Agreement or at law or any cause of
action arising out of the performance of this Agreement.
6.3 In performing WORK and services hereunder, the ENGINEER and its subcontractors,
subconsultants, employees, agents, and representatives shall be acting as independent
contractors and shall not be deemed or construed to be employees or agents of CITY in any
manner whatsoever. The ENGINEER shall not hold itself out as, nor claim to be, an officer or
employee of CITY by reason hereof and will not make any claim, demand, or application to or for
any right or privilege applicable to an officer or employee of CITY. The ENGINEER shall be
solely responsible for any claims for wages or compensation by ENGINEER employees, agents,
and representatives, including subconsultants and subcontractors, and shall save and hold CITY
harmless therefrom.
6.4 INDEMNIFICATION:
(a) ENGINEER agrees to defend, indemnify, and hold harmless the CITY, its elected
and appointed officials, agents, officers, employees, and volunteers (hereinafter
"parties protected") from (1) claims, demands, liens, lawsuits, administrative and
other proceedings,(including reasonable costs and attorneys' fees) and (2)
judgments, awards, losses, liabilities, damages, penalties, fines, costs and expenses
of any kind claimed by third parties arising out of, or related to any death, injury,
damage or destruction to any person or any property to the extent caused by any
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negligent act, action, default, error or omission or willful misconduct arising out of the
Engineer's performance under this Agreement. In the event that any lien is placed
upon the City's property or any of the City's officers, employees or agents as a result
of the negligence or willful misconduct of the Engineer, the Engineer shall at once
cause the same to be dissolved and discharged by giving bond or otherwise.
(b) CITY agrees to indemnify and hold the ENGINEER harmless from loss, cost, or expense
of any kind claimed by third parties, including without limitation such loss, cost, or
expense resulting from injuries to persons or damages to property, caused solely by the
negligence or willful misconduct of the CITY, its employees, or agents in connection with
the PROJECT.
(c) If the negligence or willful misconduct of both the ENGINEER and the CITY (or a person
identified above for whom each is liable) is a cause of such third party claim, the loss,
cost, or expense shall be shared between the ENGINEER and the CITY in proportion to
their relative degrees of negligence or willful misconduct and the right of indemnity will
apply for such proportion.
(d) Nothing contained in this Section or this Agreement shall be construed to create a liability
or a right of indemnification in any third party.
6.5 In any and all claims by an employee of the ENGINEER, any subcontractor, anyone directly or
indirectly employed by any of them, or anyone for whose acts any of them may be liable, the
indemnification obligations under this Agreement shall not be limited in any way by any limitation
on the amount or types of damages, compensation, or benefits payable by or for the ENGINEER
or a subcontractor under workers' or workmens' compensation acts, disability benefit acts, or
other employee benefit acts. The ENGINEER specifically and expressly waives its immunity
under the Industrial Insurance Act, Title 51, RCW. Such waiver has been mutually negotiated by
the ENGINEER and the CITY.
6.6 It is understood that any resident engineering or inspection provided by ENGINEER is for the
purpose of determining compliance with the technical provisions of PROJECT specifications and
does not constitute any form of guarantee or insurance with respect to the performance of a
contractor. ENGINEER does not assume responsibility for methods or appliances used by a
contractor, for a contractor's safety programs or methods, or for compliance by contractors with
laws and regulations. CITY shall use its best efforts to ensure that the construction contract
requires that the contractor(s) indemnify and name CITY, the CITY'S and the ENGINEER'S
officers, principals, employees, agents, representatives, and engineers as additional insureds on
contractors insurance policies covering PROJECT, exclusive of insurance for ENGINEER
professional liability.
6.7 SUBSURFACE INVESTIGATIONS: In soils, foundation, groundwater, and other subsurface
investigations, the actual characteristics may vary significantly between successive test points
and sample intervals and at locations other than where observation, exploration, and
investigations have been made. Because of the inherent uncertainties in subsurface evaluations,
changed or unanticipated underground conditions may occur that could affect total PROJECT
cost and/or execution. These conditions and cost/execution effects are not the responsibility of
the ENGINEER, to the extent that ENGINEER has exercised the applicable and appropriate
standard of professional care and judgment in such investigations.
SECTION 7 PROJECT SCHEDULE AND BUDGET
7.1 The general PROJECT schedule and the budget for both the entire PROJECT and its component
tasks shall be as set forth in this Agreement and attachments. The project schedule and
performance dates for the individual tasks shall be mutually agreed to by the CITY and the
ENGINEER within fifteen (15) days after execution of this Agreement. The performance dates
and budgets for tasks may be modified only upon written agreement of the parties hereto. The
performance date for tasks and the completion date for the entire PROJECT shall not be
extended, nor the budget increased because of any unwarranted delays attributable to the
ENGINEER, but may be extended or increased by the CITY in the event of a delay caused by
special services requested by the CITY or because of unavoidable delay caused by any
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governmental action or other conditions beyond the control of the ENGINEER which could not be
reasonably anticipated.
7.2 Not later than the tenth (10) day of each calendar month during the performance of the
PROJECT, the ENGINEER shall submit to the CITY'S Representative a copy of the current
schedule and a written narrative description of the WORK accomplished by the ENGINEER and
subconsultants on each task, indicating a good faith estimate of the percentage completion
thereof on the last day of the previous month. Additional oral or written reports shall be prepared
at the request of the CITY for presentation to other governmental agencies and/or to the public.
SECTION 8 REUSE OF DOCUMENTS
8.1 All internal WORK products of the ENGINEER are instruments or service of this PROJECT.
There shall be no reuse, change, or alteration by the CITY or others acting through or on behalf
of the CITY without written permission of the ENGINEER, which shall not be unreasonably
withheld and will be at the CITY's sole risk. The CITY agrees to indemnify the ENGINEER and its
officers, employees, subcontractors, and affiliated corporations from all claims, damages, losses,
and costs including, but not limited to, litigation expenses and attorneys fees arising out of or
related to such unauthorized reuse, change, or alteration; provided, however, that the ENGINEER
will not be indemnified for such claims, damages, losses, and costs including, without limitation,
litigation expenses and attorney fees were caused by the ENGINEER's own negligent acts or
omissions.
8.2 The ENGINEER agrees that ownership of any plans, drawings, designs, specifications, computer
programs, technical reports, operating manuals, calculations, notes, and other WORK submitted
or which are specified to be delivered under this Agreement or which are developed or produced
and paid for under this Agreement, whether or not complete, shall be vested in the CITY.
8.3 All rights to patents, trademarks, copyrights, and trade secrets owned by ENGINEER (hereinafter
"Intellectual Property") as well as any modifications, updates or enhancements to said Intellectual
Property during the performance of the WORK remain the property of ENGINEER, and ENGINEER
does not grant CITY any right or license to such Intellectual Property.
SECTION 9 AUDIT AND ACCESS TO RECORDS
9.1 The ENGINEER, including its subconsultants, shall maintain books, records, documents and
other evidence directly pertinent to performance of the WORK under this Agreement in
accordance with generally accepted accounting principles and practices consistently applied.
The CITY, or the CITY'S duly authorized representative, shall have access to such books,
records, documents, and other evidence for inspection, audit, and copying for a period of three
years after completion of the PROJECT. The CITY shall also have access to such books,
records, and documents during the performance of the PROJECT WORK, if deemed necessary
by the CITY, to verify the ENGINEER'S WORK and invoices.
9.2 Audits conducted pursuant to this section shall be in accordance with generally accepted auditing
standards and established procedures and guidelines of the reviewing or auditing agency.
9.3 The ENGINEER agrees to the disclosure of all information and reports resulting from access to
records pursuant to this section provided that the ENGINEER is afforded the opportunity for an
audit exit conference and an opportunity to comment and submit any supporting documentation
on the pertinent portions of the draft audit report and that the final audit report will include written
comments, if any, of the ENGINEER.
9.4 The ENGINEER shall ensure that the foregoing paragraphs are included in each subcontract for
WORK on the Project.
9.5 Any charges of the ENGINEER paid by the CITY which are found by an audit to be inadequately
substantiated shall be reimbursed to the CITY.
Section 10. Inspection and Production of Records
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10.1 The records relating to the WORK shall, at all times, be subject to inspection by and with the
approval of the CITY, but the making of (or failure or delay in making) such inspection or approval
shall not relieve ENGINEER of responsibility for performance of the WORK in accordance with
this Agreement, notwithstanding the CITY'S knowledge of defective or non -complying
performance, its substantiality or the ease of its discovery. ENGINEER shall provide the CITY
sufficient, safe, and proper facilities and equipment for such inspection and free access to such
facilities. ENGINEER'S records relating to the WORK will be provided to the CITY upon the
CITY'S request.
10.2 ENGINEER shall promptly furnish the CITY with such information and records which are related
to the WORK of this Agreement as may be requested by the CITY. Until the expiration of six (6)
years after final payment of the compensation payable under this Agreement, or for a longer
period if required by law or by the Washington State Secretary of State's record retention
schedule, ENGINEER shall retain and provide the CITY access to (and the CITY shall have the
right to examine, audit and copy) all of ENGINEER'S books, documents, papers and records
which are related to the WORK performed by ENGINEER under this Agreement.
10.3 All records relating to ENGINEER'S WORK under this Agreement must be made available to the
CITY, and also produced to third parties, if required pursuant to the Washington Public Records
Act, Chapter 42.56 RCW or by law. All records relating to ENGINEER'S WORK under this
Agreement must be retained by ENGINEER for the minimum period of time required pursuant to
the Washington State Secretary of State's record retention schedule.
SECTION 11 INSURANCE
11.1 At all times during performance of WORK, ENGINEER shall secure and maintain in effect
insurance to protect the CITY and the ENGINEER from and against all claims, damages, losses,
and expenses arising out of or resulting from the performance of this Agreement. ENGINEER
shall provide and maintain in force insurance in limits no less than that stated below, as
applicable. The CITY reserves the rights to require higher limits should it deem it necessary in
the best interest of the public. If ENGINEER carries higher coverage limits than the limits stated
below, such higher limits shall be shown on the Certificate of Insurance and Endorsements and
ENGINEER shall be named as an additional insured for such higher limits.
Commercial General Liability Insurance. Before this Agreement is fully executed by
the parties, ENGINEER shall provide the CITY with a certificate of insurance as proof
of commercial liability insurance and commercial umbrella liability insurance with a total
liability limit of the limits required in the policy, subject to minimum limits of Two Million
Dollars ($2,000,000.00) per occurrence combined single limit bodily injury and property
damage, and Two Million Dollars ($2,000,000.00) general aggregate. The certificate
shall clearly state who the provider is, the coverage amount, the policy number, and
when the policy and provisions provided are in effect. Said policy shall be in effect for
the duration of this Agreement. The policy shall name the City, its elected and
appointed officials, officers, agents, employees, and volunteers as additional insureds.
The insured shall not cancel or change the insurance without first giving the CITY thirty
(30) calendar days prior written notice. The insurance shall be with an insurance
company or companies rated A -VII or higher in Best's Guide and admitted in the State
of Washington.
Subcontractors: If subcontractors will be used, the same terms and limits of coverage will
apply and a certificate will be required per the instructions above. In lieu of a certificate,
contractor may provide confirmation in writing from their insurance broker that their
insurance policy does not contain a subcontract exclusion or one relating to the work of
others.
11.1.2. Commercial Automobile Liability Insurance.
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a. If ENGINEER owns any vehicles, before this Agreement is fully executed by the
parties, ENGINEER shall provide the CITY with a certificate of insurance as proof of
commercial automobile liability insurance and commercial umbrella liability insurance
with a total liability limit of the limits required in the policy, subject to minimum limits of
Two Million Dollars ($2,000,000.00) per occurrence combined single limit bodily injury
and property damage. Automobile liability will apply to "Any Auto" and be shown on
the certificate.
b. If ENGINEER does not own any vehicles, only "Non -owned and Hired
Automobile Liability" will be required and may be added to the commercial liability
coverage at the same limits as required in that section of this Agreement, which is
Section 11.1.1 entitled "Commercial General Liability Insurance".
c. Under either situation described above in Section 11.1.2.a. and Section 11.1.2.b.,
the required certificate of insurance shall clearly state who the provider is, the
coverage amount, the policy number, and when the policy and provisions provided are
in effect. Said policy shall be in effect for the duration of this Agreement. The policy
shall name the CITY, its elected and appointed officials, officers, agents, employees,
and volunteers as additional insureds. The insured shall not cancel or change the
insurance without first giving the CITY thirty (30) calendar days prior written
notice. The insurance shall be with an insurance company or companies rated A -VII or
higher in Best's Guide and admitted in the State of Washington.
11.1.3. Statutory workers' compensation and employer's liability insurance as required by state
law.
11.1.4. Professional Liability Coverage. Before this Agreement is fully executed by the
parties, ENGINEER shall provide the CITY with a certificate of insurance as proof of
professional liability coverage with a total liability limit of the limits required in the policy,
subject to minimum limits of Two Million Dollars ($2,000,000.00) per claim, and Two
Million Dollars ($2,000,000.00) aggregate. The certificate shall clearly state who the
provider is, the coverage amount, the policy number, and when the policy and
provisions provided are in effect. Said policy shall be in effect for the duration of this
Agreement. The insured shall not cancel or change the insurance without first giving
the CITY thirty (30) calendar days prior written notice. The insurance shall be with an
insurance company or companies rated A -VII or higher in Best's Guide. If the policy is
written on a claims made basis the coverage will continue in force for an additional two
years after the completion of this Agreement.
Failure of either or all of the additional insureds to report a claim under such insurance
shall not prejudice the rights of the CITY, its officers, employees, agents, and
representatives there under. The CITY and the CITY'S elected and appointed officials,
officers, principals, employees, representatives, volunteers and agents shall have no
obligation for payment of premiums because of being named as additional insureds
under such insurance. None of the policies issued pursuant to the requirements
contained herein shall be canceled, allowed to expire, or changed in any manner that
affects the rights of the CITY until thirty (30) days after written notice to the CITY of
such intended cancellation, expiration or change.
SECTION 12 SUBCONTRACTS
12.1 ENGINEER shall be entitled, to the extent determined appropriate by ENGINEER, to subcontract
any portion of the WORK to be performed under this Agreement.
12.2 Any subconsultants or subcontractors to the ENGINEER utilized on this PROJECT, including any
substitutions thereof, will be subject to prior approval by CITY, which approval shall not be
unreasonably withheld. Each subcontract shall be subject to review by the CITY'S
Representative, if requested, prior to the subconsultant or subcontractor proceeding with the
WORK. Such review shall not constitute an approval as to the legal form or content of such
subcontract. The ENGINEER shall be responsible for the architectural and engineering
performance, acts, and omissions of all persons and firms performing subcontract WORK.
12
12.3 CITY does not anticipate ENGINEER subcontracting with any additional persons or firms for the
purpose of completing this Agreement.
12.4 The ENGINEER shall submit, along with its monthly invoices, a description of all WORK
completed by subconsultants and subcontractors during the preceding month and copies of all
invoices thereto.
SECTION 13 ASSIGNMENT
13.1 This Agreement is binding on the heirs, successors and assigns of the parties hereto. This
Agreement may not be assigned by CITY or ENGINEER without prior written consent of the
other, which consent will not be unreasonably withheld. It is expressly intended and agreed that
no third party beneficiaries are created by this Agreement, and that the rights and remedies
provided herein shall inure only to the benefit of the parties to this Agreement.
SECTION 14 INTEGRATION
14.1 This Agreement represents the entire understanding of CITY and ENGINEER as to those matters
contained herein. No prior oral or written understanding shall be of any force or effect with
respect to those matters covered herein. This Agreement may not be modified or altered except
in writing signed by both parties.
SECTION 15 JURISDICTION AND VENUE
15.1 This Agreement shall be administered and interpreted under the laws of the State of Washington.
Jurisdiction of litigation arising from this Agreement shall be in Washington State. If any part of
this Agreement is found to conflict with applicable laws, such part shall be inoperative, null, and
void insofar as it conflicts with said laws, but the remainder of this Agreement shall be in full force
and effect. Venue of all disputes arising under this Agreement shall be Yakima County, State of
Washington.
SECTION 16 EQUAL EMPLOYMENT and NONDISCRIMINATION
16.1 During the performance of this Agreement, ENGINEER and ENGINEER's subconsultants and
subcontractors shall not discriminate in violation of any applicable federal, state and/or local law
or regulation on the basis of age, sex, race, creed, religion, color, national origin, marital status,
disability, honorably discharged veteran or military status, pregnancy, sexual orientation, or any
other classification protected under federal, state, or local law. This provision shall include but
not be limited to the following: employment, upgrading, demotion, transfer, recruitment,
advertising, layoff or termination, rates of pay or other forms of compensation, selection for
training, and the provision of services under this Agreement. ENGINEER agrees to comply with
the applicable provisions of State and Federal Equal Employment Opportunity and
Nondiscrimination statutes and regulations.
SECTION 17 SUSPENSION OF WORK
17.1 CITY may suspend, in writing by certified mail, all or a portion of the WORK under this Agreement
if unforeseen circumstances beyond CITY'S control are interfering with normal progress of the
WORK. ENGINEER may suspend, in writing by certified mail, all or a portion of the WORK under
this Agreement if unforeseen circumstances beyond ENGINEER's control are interfering with
normal progress of the WORK. ENGINEER may suspend WORK on PROJECT in the event
CITY does not pay invoices when due, except where otherwise provided by this Agreement. The
time for completion of the WORK shall be extended by the number of days WORK is suspended.
If the period of suspension exceeds ninety (90) days, the terms of this Agreement are subject to
renegotiation, and both parties are granted the option to terminate WORK on the suspended
portion of Project in accordance with SECTION 18.
SECTION 18 TERMINATION OF WORK
13
18.1 Either party may terminate this Agreement, in whole or in part, if the other party materially
breaches its obligations under this Agreement and is in default through no fault of the terminating
party. However, no such termination may be effected unless the other party is given: (1) not less
than fifteen (15) calendar days written notice delivered by certified mail, return receipt requested,
of intent to terminate; and (2) an opportunity for consultation and for cure with the terminating
party before termination. Notice shall be considered issued within seventy-two (72) hours of
mailing by certified mail to the place of business of either party as set forth in this Agreement.
18.2 In addition to termination under subsection 18.1 of this Section, CITY may terminate this
Agreement for its convenience, in whole or in part, provided the ENGINEER is given: (1) not less
than fifteen (15) calendar days written notice delivered by certified mail, return receipt requested,
of intent to terminate; and (2) an opportunity for consultation with CITY before termination.
18.3 If CITY terminates for default on the part of the ENGINEER, an adjustment in the contract price
pursuant to the Agreement shall be made, but (1) no amount shall be allowed for anticipated
profit on unperformed services or other WORK, and (2) any payment due to the ENGINEER at
the time of termination may be adjusted to the extent of any additional costs or damages CITY
has incurred, or is likely to incur, because of the ENGINEER'S breach. In such event, CITY shall
consider the amount of WORK originally required which was satisfactorily completed to date of
termination, whether that WORK is in a form or of a type which is usable and suitable to CITY at
the date of termination and the cost to CITY of completing the WORK itself or of employing
another firm to complete it. Under no circumstances shall payments made under this provision
exceed the contract price. In the event of default, the ENGINEER agrees to pay CITY for any
and all damages, costs, and expenses whether directly, indirectly, or consequentially caused by
said default. This provision shall not preclude CITY from filing claims and/or commencing
litigation to secure compensation for damages incurred beyond that covered by contract
retainage or other withheld payments.
18.4 If the ENGINEER terminates for default on the part of CITY or if CITY terminates for convenience,
the adjustment pursuant to the Agreement shall include payment for services satisfactorily
performed to the date of termination, in addition to termination settlement costs the ENGINEER
reasonably incurs relating to commitments which had become firm before the termination, unless
CITY determines to assume said commitments.
18.5 Upon receipt of a termination notice under subsections 18.1 or 18.2 above, the ENGINEER shall
(1) promptly discontinue all services affected (unless the notice directs otherwise), and (2) deliver
or otherwise make available to CITY all originals of data, drawings, specifications, calculations,
reports, estimates, summaries, and such other information, documents, and materials as the
ENGINEER or its subconsultants may have accumulated or prepared in performing this
Agreement, whether completed or in progress, with the ENGINEER retaining copies of the same.
18.6 Upon termination under any subparagraph above, CITY reserves the right to prosecute the
WORK to completion utilizing other qualified firms or individuals; provided, the ENGINEER shall
have no responsibility to prosecute further WORK thereon.
18.7 If, after termination for failure of the ENGINEER to fulfill contractual obligations, it is determined
that the ENGINEER has not so failed, the termination shall be deemed to have been effected for
the convenience of CITY. In such event, the adjustment pursuant to the Agreement shall be
determined as set forth in subparagraph 18.4 of this Section.
18.8 If, because of death, unavailability or any other occurrence, it becomes impossible for any key
personnel employed by the ENGINEER in PROJECT WORK or for any corporate officer of the
ENGINEER to render his services to the PROJECT, the ENGINEER shall not be relieved of its
obligations to complete performance under this Agreement without the concurrence and written
approval of CITY. If CITY agrees to termination of this Agreement under this provision, payment
shall be made as set forth in subparagraph 18.3 of this Section.
SECTION 19 DISPUTE RESOLUTION
19.1 In the event that any dispute shall arise as to the interpretation of this Agreement, or in the event
of a notice of default as to whether such default does constitute a breach of the Agreement, and if
14
the parties hereto cannot mutually settle such differences, then the parties shall first pursue
mediation as a means to resolve the dispute. If either of the afore mentioned methods are not
successful then any dispute relating to this Agreement shall be decided in the courts of Yakima
County, in accordance with the laws of Washington. If both parties consent in writing, other
available means of dispute resolution may be implemented.
15
SECTION 20 NOTICE
20.1 Any notice required to be given under the terms of this Agreement shall be directed to the party at
the address set forth below. Notice shall be considered issued and effective upon receipt thereof
by the addressee -party, or seventy-two (72) hours after mailing by certified mail to the place of
business set forth below, whichever is earlier.
CITY: City of Yakima
202 W. Pine Street
Yakima, WA 98901
Attn: Randy Meloy
ENGINEER: Perteet, Inc.
2707 Colby Avenue, Suite 900
Everett, WA 98201
Attn: Kirk Holmes
SECTION 21 SURVIVAL
21.1 The foregoing sections of this Agreement shall survive the expiration or termination of this
Agreement in accordance with their terms.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their
respective authorized officers or representatives as of the day and year first above written.
CITY OF YAKIMA
Cliff Moore
Printed Name:.
Title: City Manager
Date:
Attest
City Clerk
Signature
Printed Name:
Title:
Date:
STATE OF WASHINGTON
) ss.
COUNTY OF YAKIMA
16
I certify that I know or have satisfactory evidence that is the person who appeared
before me, and said person acknowledged that he signed this instrument, on oath stated that he was
authorized to execute the instrument, and acknowledged it as the CITY MANAGER of the CITY OF
YAKIMA, to be the free and voluntary act of such party for the uses and purposes mentioned in the
instrument.
Dated:
Seal or Stamp
(Signature)
Title
Printed Name
My commission expires:
STATE OF WASHINGTON
) ss.
COUNTY OF YAKIMA
17
I certify that I know or have satisfactory evidence that is the person who
appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated
that he/she was authorized to execute the instrument, and acknowledged it as the
of to be the free and voluntary act of such party
for the uses and purposes mentioned in the instrument.
Dated:
Seal or Stamp
(Signature)
Title
Printed Name
My commission expires:
EXHIBIT A
2018 STORMVVATER PROJECTS
Agreement with Perteet Inc.
18
June 2018
INTRODUCTION
The City of Yakima (CITY) in 2016, and in other years, has experienced extreme rain events that caused
significant damage to properties throughout the City. The CITY has reviewed the flood prone areas and identified
eight project locations to alleviate flooding. It is anticipated that the stormwater solutions may include some
combination of swale, UIC or other infiltrating BMPs to control the flooding. The overall work will include civil
engineering, geotechnical investigations and survey and will take the projects from concept through construction
services. The work will be to incorporate stormwater BMPs into the project sites, develop and design stormwater
BMPs, develop plans, specifications and estimates for the construction of these projects and perform project
management during construction. These projects will be prepared as a single construction package and the CITY
plans to advertise in the fall of 2018 for the 2019 construction season. The following are the sites that are
identified in the RFP and in follow-up discussions with the CITY:
• Summitview Avenue and N. 7'" Avenue
• Englewood Avenue and N. 59' Avenue vicinity
• N. 65' Avenue and Englewood Avenue
• N. 48' Avenue and Webster Road
• N. 48' Avenue and Viewland Drive
• N. 48' Avenue and Madera Way
• S. 15' Avenue and W. Mead Avenue
• S. 56' Avenue and W. Arlington Street*
*S. 56' Avenue and W. Arlington Street site will only go through the 30% design task and the initial geotechnical
investigations. Survey will not be completed for this site.
TASKS
The following tasks will be performed under this Scope of Services:
Task 1 — Project Management
Task 2 — 30%/Concept Development (GIS basemap)
Task 3 — 60% Design Documents
Task 4 — 90% Design Documents
Task 5 — Geotechnical Engineering Services
Task 6 — Site Mapping/Survey
Task 7 — Landscape Architecture
Task 8 — Bid/Construction Documents
Task 9 — Bid Support
Task 10 — Construction Services
Task 1 — Project Management
As the first order of work, Perteet (CONSULTANT) will schedule a kickoff meeting and develop a brief project
work plan which will include:
• Project goals and vision
• Project budget
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• Project schedule
• Project organization plan with key contacts, project stakeholders, and team responsibilities
• Communication plan
A draft of the project plan will be handed out to the design team and the CITY at the kickoff meeting.
As part of the project, the CONSULTANT will prepare monthly progress reports that describe the work items and
percentage of work items that were accomplished during a given month, as well as a forecast of work to be
completed over the following month. The monthly progress reports will also identify any other issues or problems
that may occur in any given month. The CONSULTANT will submit these monthly progress reports to the CITY's
Project Manager with the monthly invoices. The CONSULTANT Project Manager will notify the CITY's Project
Manager, in writing (memo format), of any out of scope and/or budgetary issues that are inconsistent with this
Scope of Work. The CITY and the CONSULTANT will hold approximately bi-weekly project coordination calls.
Work Elements:
• Prepare meeting agenda and minutes for kickoff meeting.
• Facilitate project kickoff meeting.
• Prepare work plan.
• Prepare project schedule and updates.
• Manage subconsultant activities.
• Prepare monthly progress reports/invoices.
• Biweekly coordination calls with the CITY
Assumptions:
• This contract duration shall be no longer than fifteen (15) months, roughly July 2018 to September 2019.
• Project kickoff meeting will be held at the CITY.
• Maximum of two (2) project schedule updates will be prepared.
• Project meetings will be held at the CITY.
• Perteet will coordinate with subconsultants via e-mails, meetings and biweekly 15 minute phone calls.
Deliverables:
• Kickoff Meeting Agenda and Minutes
• Work Plan Memorandum
• Project Schedule (Item, bulleted format) and up to two (2) updates
• Kickoff Meeting Agenda and Minutes
Task 2 — 30% Concept Development (GIS basemap)
The intent of this task is to establish project understanding, perform initial site investigations and develop
stormwater best management practices (BMP) 30% design concepts for each site or group of sites. To do this,
Perteet will meet with CITY staff, gathering existing documents (including GIS, reports of incidences, documents,
etc.) and performing site visits. With this existing data, Perteet will prepare basemaps using GIS data that will be
used to work collaboratively with the CITY to develop stormwater conceptual designs for the stormwater sites.
30% concepts will be developed for all eight sites and the preferred concept for each site will be developed in
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2018 STORMWATER PROJECTS
Agreement with Perteet Inc. June 2018
future phases. The 30% concepts will be presented to the CITY for review. The S. 56' Avenue and W. Arlington
Street site 30% designs and will not progress into the following design phases.
Task 2A — 30% Design Development and Cost Estimates
The intent of this task is evaluate BMP concepts for each site, choose a concept to take to 30% design and to
prepare 30% design level cost estimates.
Work Elements:
• Gather and review existing data
• Prepare agenda and minutes for workshop.
• Perform a workshop style meeting with CITY staff
• Perform one (1) site visit with CITY staff
• Develop stormwater BMP 30% design concepts for each site (12 maximum)
• Develop 30% design level cost estimates, nine (9) total
• Perform an over -the -shoulder constructability review of 30% designs
• Meet with affected neighbors (as requested by the CITY) to convey concept stormwater designs
Assumptions:
• All sites will be visited in a single day
• Initial site visit and meetings with neighbors will be performed on the same day as workshop meeting with
CITY staff
• Concepts for workshop meeting will be hand drawn figures on GIS basemaps
Deliverables:
• 30% Designs Concepts, up to 9 plan sheets (one per site, plus and extra for S. 56' Avenue and W.
Arlington Street), PDFs delivered electronically
• 30% Cost Estimates for the preferred concept for each site plus one (1) additional for the second 30%
concept for the S. 56' Avenue and W. Arlington Street site, nine (9) 30% cost estimates , PDFs delivered
electronically
Task 2B — Preliminary Stormwater Calculations and Basin Delineation
The intent of this task is to delineate contributing drainage basins for each project site and to perform preliminary
BMP sizing for evaluation during concept development
Work Elements:
• Delineate contributing drainage basins for each site.
• Perform preliminary stormwater calculations
Assumptions:
• Preliminary stormwater calculations are based on an assumed long term infiltration rate of 2 in/hr.
Deliverables:
• Preliminary BMP sizing
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2018 STORMWATER PROJECTS
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Task 3 — 60% Design Documents
The intent of this task is to continue to develop the chosen stormwater BMP concept designs and documents. This
phase will be based on survey rather than GIS basemaps and will use geotechnical recommended infiltration rates
for detailed facility sizing.
Task 3A — 60% Plans and Outline Specifications
The intent of this task is to add detail to the concept design, to prepare 60% plans and outline specifications for
the project.
Work Elements:
• Develop concept designs to the 60% design level, including cover, notes, grading/stormwater,
paving/utilities, landscape architecture, standard details, traffic control plans
• Prepare draft outline specifications
• Attend meeting one (1) meeting in Yakima by one member of the CONSULTANT team.
Assumptions:
• SEPA is not required. SEPA checklist is not included and will be completed by the City if required.
Deliverables:
• 60% Plans PDFs delivered via electronically:
O 1- cover sheet
O 2- notes sheet
O 7- grading/stormwater plan and profiles
O 7- paving/utilities plans
O 4- civil and UIC detail sheets
O 3- landscape and irrigation plans and details (by MT -LA, if needed)
• Outline Specifications, PDF delivered electronically
Task 3B — Stormwater Calculations and DRAFT Technical Information Report (TIR)
The intent of this task is to refine preliminary stormwater facility sizing calculations and to prepare a draft TIR for
the overall project.
Work Elements:
• Update stormwater calculations based on geotechnical recommended infiltration rates
• Prepare draft stormwater technical information report (TIR)
Assumptions:
• 60% stormwater calculations will be based on the geotechnical recommended infiltration rates.
• 60% facility sizing is final.
• Assumes that 30% design comments are comprehensive.
Deliverables:
• 60% BMP facility sizing
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2018 STORMWATER PROJECTS
Agreement with Perteet Inc. June 2018
• Draft Stormwater TIR, PDF, delivered electronically
Task 4 — 90% Design Documents
The intent of this task is to prepare 90% documents. 60% design comments will be incorporated and the designs
will be progressed to 90% design submittal level.
Task 4A — 90% Plans, Specifications and Cost Estimates
The intent of this task is to add detail to the concept design, to prepare 90% plans and outline specifications for
the project.
Work Elements:
• Address and incorporate as required CITY review comments on 60% plans and TIR.
• Develop concept designs to the 90% design level, including cover, notes, TESC, grading/stormwater,
paving/utilities, landscape architecture (if needed), standard and custom details, traffic control plans
• Prepare draft specifications
• Prepare construction cost estimate
• Meet with affected neighbors (as requested by the CITY) to convey stormwater designs
Assumptions:
• The Contractor will be responsible for obtaining all other permits required to construct the projects,
including but not limited to excavation permit and street break permits.
• Assumes that 60% design comments are comprehensive.
Deliverables:
• Written response to 60% review comment, PDF delivered electronically
• 90% Plans, six (6) hard copies delivered and PDFs delivered via electronically:
O 1- cover sheet
O 2- notes sheet
O 7-TESC plans
O 7- grading/stormwater plan and profiles
O 7- paving/utilities plans
O 4- civil and UIC detail sheets
O 3- landscape and irrigation plans and details (by MT -LA, if needed)
• Draft Division 2 through 9 Specifications, PDFs delivered electronically
• 90% construction cost estimate, PDFs delivered electronically
Task 4B — Stormwater Calculations and TIR
The intent of this task is to refine preliminary stormwater facility sizing calculations and to prepare a permit TIR for
the overall project.
Work Elements:
• Finalize stormwater calculations based on infiltration testing
• Prepare permit stormwater TIR
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2018 STORMWATER PROJECTS
Agreement with Perteet Inc. June 2018
Assumptions:
• Minimal changes to stormwater calculations and TIR from the 60% design level.
• 90% Stormwater TIR is final.
Deliverables:
• Stormwater TIR, PDF, delivered electronically
Task 5 — Geotechnical Engineering Services
The intent of this task is to provide project coordination and review for geotechnical services and to provide the
required geotechnical services for the projects.
Work provided by Perteet includes:
• Investigation — boring location identification for 2 sites, GIS with aerial site plans with locations, 2 plans
• Review of draft geotech investigations report, provide comments to Aspect
Services to be performed by Aspect Consulting:
Aspect will provide geotechnical investigations and Underground Injection Control (UIC) facility design
guidance. Geotechnical work will include directing soil borings, logging soils, analyzing soil engineering
properties, and completing a slope stability analysis. In addition to the standard geotechnical investigation,
Aspect will analyze soil chemistry related to stormwater treatment ability and estimate long term infiltration rates
for the design of surface and subsurface stormwater infiltration systems. A geotechnical report will be provided to
document Aspect's investigations and recommendations. It is assumed that Aspect's involvement in the concept
development and design phase work includes:
• Planning and conducting limited geotechnical investigations.
• Reviewing and analyzing geotechnical data provided by the City.
• UIC facility (drywells, infiltration trenches) siting and design guidance.
It is also assumed that concept development work will cover up to eight separate locations, one of which is in a
lower traffic area and seven of which involve medium-high to high traffic roads. The City has indicated that
formal/active traffic control will not be needed during geotechnical and infiltration field work (or will be provided
by the City). The identified drainage problem spots are:
1. South 56' Avenue at Arlington Avenue (low traffic area) — only through Concept Development
2. North 48' Avenue at Webster Avenue (medium-high traffic area)
3. North 48' Avenue at Viewland Drive (medium-high traffic area)
4. North 48' Avenue at Madera Way (medium-high traffic area)
5. Englewood Avenue at North 65' Avenue (medium-high traffic area)
6. Englewood Avenue between 58' and 62" Avenue (medium-high traffic area)
7. 15' Avenue at West Mead Avenue (high traffic area)
8. Summitview Avenue at North 7' Avenue (high traffic area)
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2018 STORMWATER PROJECTS
Agreement with Perteet Inc. June 2018
Task 5.1 — Project Start -Up and Kick -Off
Aspect will:
5.1.1 Complete project set-up work upon notice to proceed.
5.1.2 Attend the project Kick-off meeting with the City.
Task 5.1 - Assumptions
• Maximum of two-hour kick-off meeting, no preparations.
Task 5.2 — Geotechnical Report and UIC Concept Development
Aspect will:
5.2.1 Coordinate with Perteet during the concept development phase of work.
5.2.2 Gather and review site data such as aerial photos, drainage problem photos, soils, topography,
groundwater, land use, utilities, parcels and ROW, and traffic levels.
5.2.3 Prepare for and attend a site visit with Perteet to help inventory conditions and constraints, and provide
input regarding potential conceptual drainage solutions.
5.2.4 Coordinate geotechnical exploration needs and timing with Perteet and the City.
5.2.5 Submit a "Call -Before -You -Dig" public utility request at proposed exploration locations.
5.2.6 Complete a site reconnaissance at two exploration sites to coordinate drilling locations and observe
location of existing utilities.
5.2.7 Prepare and submit a brief geotechnical exploration plan including proposed schedule and safety plan
to Perteet and the City for review and approval.
5.2.8 Direct and document 2 soil borings with Standard Penetration Test (SPT) soil sampling at 2.5 to 5 -foot
intervals at the sites using a truck mounted drill rig working under vendor contract to Aspect. Soil
borings will be drilled to depths of up to 25 feet each at the following locations (City to provide
available geotechnical data for the six sites not bored):
O Englewood Avenue at North 65' Avenue (medium-high traffic area)
O Englewood Avenue between 58' and 62" Avenue (medium-high traffic area)
Confining layers such as caliche will be noted in the boring logs. Borings will be backfilled in
accordance with Ecology requirements and pavement patched with fast -set concrete.
5.2.9 Submit selected soil samples to a geotechnical soil testing laboratory for moisture content and grain
size analysis testing. Laboratory testing will also include parameters related to soil stormwater
treatment capacity (Cation Exchange Capacity, Percent Organic Matter).
5.2.10 Develop exploration logs depicting the observed and inferred subsurface soil and groundwater
conditions.
5.2.11 Obtain and review geotechnical data/reports provided by the City for retrofit sites where Aspect
borings are not conducted. Complete analysis of boring data and City provided data and develop a
Draft Geotechnical Site Characteristic Report providing exploration maps and logs, subsurface
characterization and design and construction considerations/recommendations for:
O Earthwork including open -trench, shored excavation and dewatering considerations.
O Vertical support/bearing, settlement estimates, and subgrade preparation for infiltration utilities
(concrete manholes, vaults, pipes).
O Subgrade preparation for pavements and sidewalks.
O Bedding, structural fill, geotextiles materials, and opinions for re -use of on-site soil and
compaction criteria.
O Stability of slope adjacent to infiltration system (one site).
O General suitability of site soil for stormwater infiltration, depth to restrictive layers, and
preliminary infiltration rates based on soil type and grain size analysis results.
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The Geotechnical Site Characteristic Report (GSR) will be provided as a final document with no
review cycle.
5.2.12 Respond to Perteet comments on the Draft GSR, make revisions, and prepare the Final GSR.
5.2.13 Coordinate with Perteet to obtain hydrology information for each site, including peak flows and
hydrographs contributing to each potential UIC location.
5.2.14 Develop UIC concepts/30% design.
O Prepare conceptual number, location, length of drywells and infiltration trenches based on
preliminary infiltration characteristics. Identify expected UIC pretreatment requirements (any
surface or vault BMPs by Perteet).
O Prepare UIC sketches and provide to Perteet for QA/QC review and comment.
O Respond to Perteet comments on the UIC concepts, make minor revisions as requested, and
provide the revised concepts to Perteet.
5.2.15 Participate in a stormwater solution concepts review meeting with Perteet and the City.
Task 5.2 - Deliverables
• Geotechnical exploration plan including proposed schedule and safety plan.
• Final Geotechnical Site Characteristic Report, including preliminary estimates of infiltration rates.
• UIC concept sketches.
Task 5.2 - Assumptions
• Total of 6 hours time for one Aspect Project Engineer to participate in the planning site visit.
• A total of 2 geotechnical exploration borings (one per site at two of the eight sites).
• Assumes the City will provide relevant geotechnical data records for the 6 sites not bored, and that data
is provided in an organized format in a timely manner that does not affect the project schedule.
• No more than one 10 -hour day by one Aspect staff to direct geotechnical borings, log soils, collect
samples for lab analysis, and deliver/send samples to the lab.
• Not traffic control is anticipated as needed for the two borings. It is anticipated that there is sufficient
right-of-way available for geotechnical equipment to be sufficiently out of the path of travel.
• City addresses all coordination with property owners related to geotechnical testing.
• No more than $8,000 in driller vendor costs to complete geotechnical drilling work.
• No more than $594 for soils sample grain size analysis (no fines grain size analysis) and stormwater
treatment property tests.
• No geotechnical testing permitting or permitting costs.
• The City will provide available maps of existing utilities at the Sites and any existing geologic and
geotechnical studies or information within the project vicinity, as available.
• Work hours for drilling will be at least 7AM to 7PM, or not limited.
• Right -of -entry onto the site will be provided by the City to complete the explorations.
• Concrete cement coring will not be required.
• Patching of pavements with fast -set concrete is acceptable to the City and will not require performance
bond.
• Soil cuttings produced by the drilling if possible may be spread and disposed of on site. If site conditions
do not allow onsite disposal, the cuttings will be placed into drums or a trailer and hauled off site for
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proper disposal. It is anticipated that soils will not be contaminated and can disposed of at a standard
landfill.
• Environmental sampling or monitoring is not included in this scope of work. We will notify Perteet and the
City if soil conditions (sheen, odor, etc.) suggest environmentally impacted materials are present.
• Perteet delineates drainage basins, completes site hydrologic calculations, and provides runoff peak
discharges and hydrographs (6 month and 25 year) to Aspect for use in UIC sizing.
• UIC level of service design target is complete retention and infiltration of the 25 year -24 hour runoff
volume contributing to each UIC facility.
• Solutions analysis does not include "up -basin" UIC analysis or retrofit concepts.
• Perteet addresses concepts for surface stormwater BMPs as well as any proprietary vault type treatment
BMPs.
• Only minor changes to UIC concepts are necessary after Perteet QA/QC review and City review of the
UIC sketches.
Task 5.3 —UIC Design Development Support
Aspect will:
5.3.1. Provide flexible time and materials support to Perteet designers within Aspect's established Task 5.3
budget ($3,050).
Task 5.3 - Products
• To be determined but could include:
o Standard UIC details.
O Comments on 60% UIC design package.
o Input for the Stormwater Site Plan/Technical Information Report.
Task 5.3 - Assumptions
• Perteet completes all design work.
• Aspect's UIC design development support is limited to providing flexible T&M support up to $3050.
Support beyond this level will require additional funds.
Task 6 — Site Mapping/Survey
Services to be performed by Cruse and Associates:
Topographic survey of the existing improvements as outlined in the June 11, 2018 exhibits. All work will be provided
in CAD files with surface information ready for design.
Survey will include existing centerline monuments in all drawing files and the boundary of Tract "X" at N. 65'h Avenue and
Englewood Avenue, but does not include determining centerlines and rights of ways or recording surveys with the Auditor.
Work includes locating utilities as marked by WA One Call.
Assumptions:
• Private locate service not included.
• Traffic control is not included.
• Extents of survey and scope are based on figures from the CITY received on June 11, 2018.
• No property boundary or right of way survey will be completed except Tract "X" at the N. 65th Avenue
and Englewood Avenue site.
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• Surveys will be relativistic to the individual site and site features and tied to benchmarks established at
each site.
Deliverables:
• Topographic survey for:
O Intersection of Summitview Ave. & N. 7th Ave.
O Intersection of Englewood Ave. & N. 59th projected
O Intersection of N. 65th Ave. & Englewood Ave.
O Intersections of N. 48th Ave. with Webster Rd., Viewland Dr., Modesto Way & Madera Way
O Intersection of S. 15th Ave. &W. Mead Ave.
Task 7 — Landscape Architecture
Landscape architecture will be provided on an as needed basis and would be funded through approval for use of
Management Reserve Funds.
Task 8 — Bid/Construction Documents
The intent of this task is to prepare bid ready construction documents. 90% design comments will be incorporated
and the designs will be progressed to bid/construction document level.
Work Elements:
• Address and incorporate 90% design comments.
• Prepare bid documents: cover, notes, TESC, grading/stormwater, paving/utilities, landscape
architecture, standard and custom details, TIR, and specifications
Assumptions:
• Assumes that 90% comments are minimal and that previous submittal review comments were
comprehensive.
• The CITY will provide front end, Division 1 specifications for inclusion into the project documents.
• Specifications are in WSDOT Special Provision format.
Deliverables:
• Written response to permit comments, hardcopy and PDF delivered electronically
• Bid/Construction Documents Submittal: plans and TIR, hard copies delivered
O 1- cover sheet
O 2- notes sheet
O 7-TESC plans
O 7- grading/stormwater plan and profiles
O 7- paving/utilities plans
O 3- civil and UIC detail sheets
O 3- landscape and irrigation plans and details (by MT -LA, if needed)
• Final Bid/Construction Documents (Plans, Division 2 through 9 Specifications and TIR), hard copies
delivered and PDFs delivered electronically
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2018 STORMWATER PROJECTS
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Task 9 — Bid Support
The intent of this task is to provide support to the CITY in response to requests and questions that arise during the
bidding process.
Work Elements:
• Package bid documents for bid advertisement
• Attend pre-bid meeting
• Respond to bidder questions
• Prepare up to two (2) addendums
• Prepare conformed set of documents, if necessary.
• Participate in the bid opening, evaluate bids, prepare bid tabulation and make recommendation of
award.
Assumptions:
• The CITY will post bid documents to bidder exchange or other document platform for advertisement.
• All bid advertisement fees are paid by the CITY.
Deliverables:
• Six (6) hard copies of contract documents and an electronic copy on CD/DVD delivered to the CITY
• Response to bidder questions/RFI, PDFs delivered electronically
• Addendums, if necessary, PDFs delivered electronically
• Bid evaluation, tabulation and recommendation of award, PDF delivered electronically
• Conformed set documents, if necessary
Task 10 — Construction Services
The intent of this task is to provide construction services for the projects, including administration services such as
file management and working day tracking through field inspection services and preparing daily construction
reports.
Task 10A — Contract Administration
The intent of this task is to provide and track the construction administration for the projects, including
coordination between entities, submittal processing and records keeping for the construction activities.
Work Elements:
• Liaise with the CITY, construction contractor, CONSULTANTS, appropriate agencies, property owners
and utilities
• Manage submittal process: track, review/coordinate review, work plans, shop drawings, samples, test
reports and other data submittals
• Develop and maintain a Record of Materials: defining material approvals, compliance documentation,
and testing requirements. Maintain records of compliance documentation and communicate any
deficiencies
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• Prepare weekly statement of working days and distribution to the CITY and Contractor
• Change management: evaluate entitlement and prepare scope, impact and independent estimate for
change orders. Facilitate resolution
• Monthly pay requests: prepare requests for payment in accordance with Field Note Records (FNR)
and/or review payment requests submitted by the contractor and recommend approval as appropriate.
• Evaluate Contractor's schedule of values for lump sum items and review the contract price allocations
and verify that such allocations are made in accordance with the requirements of the Contract
Documents.
• Assist the CITY to investigate malfunctions or failures during construction
• Record drawings: Monthly review the Contractor's redline set of contract plans. Maintain a CM Team set
of conformed drawings tracking plan changes, location of discovered anomalies and other items as
encountered by the construction team. Use these mark-ups to check the progress of the Contractor -
prepared Record Drawings.
• Document Control: Establish and maintain document filing and tracking systems, following City
guidelines and meeting requirements of funding agencies. Collect, organize and prepare documentation
on the Project.
• Project closeout: Prepare certificates of substantial (including punch list), physical and final completion
for CITY approval and signature. Prepare final pay estimate for CITY approval and processing.
• Final records: Compile and convey final Project records, transferring to the CITY for archiving at final
acceptance of the project. Records will consist of hard copy original and electronic records on CD/DVD
or flash drive as requested by the City.
Assumptions:
• The CITY will review and track Contractor Request to Sublet Work and certified payroll reports.
• Submittals will be received in packages, 3 original and 3 resubmittal packages, six (6) total
• Assume eight (8) RFIs and responses total.
• Duration of construction administration will be 11 weeks
• The CITY will review the sites at substantial completion and provide punch list items to the
CONSULTANT for compilation and distribution to the CONTRACTOR.
Deliverables:
• Submittal log
• Record of materials
• RFI Iog
• Change orders
• Progress payment requests and Field Note Records (FNR)
• Certificates of completion
• Final records — hard copy and electronic
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Task 10B — Field Services
The intent of this task is to provide field construction observation for the projects and to document daily
construction activities, including materials tracking, daily logs of site conditions and progress.
Work Elements:
• Observe the technical conduct of the construction, including day-to-day contact with the construction
contractor, the CITY, utilities and other stakeholders and monitor for adherence to the Contract
Documents. The CONSULTANT's personnel will act in accordance with Section 1-05.1 and 1-05.2 of the
Standard Specifications.
• Observe material, workmanship, and construction areas for compliance with the Contract Documents
and applicable codes and notify construction contractor of noncompliance. Advice the CITY of a non-
conforming work observed during site visits.
• Prepare daily construction reports, recording the construction contractor's operations as actually
observed by the CONSULTANT; includes quantities of work place that day, Contractor's equipment and
crews and other pertinent information.
• Prepare Field Note Records (FNR) for material installed during each day's work. CONSULTANT's
Inspector and Contractor's field representative will sign FNR within 24 hours of material installation.
• Interpret Contract Documents, in coordination with Designer
• Decide questions which may arise as to the quality and acceptability of material furnished, work
performed, and rate of progress of work performed by the construction contractor.
• Communicate with adjacent property owners. Respond to questions from property owners and the
general public.
• Attend and actively participate in regular on-site meetings.
• Take periodic digital photographs during construction. Photographs will be labeled and organized as
detailed in the CM Plan.
• Punch Lists: Upon substantial completion of work, coordinate with the CITY and affected agencies to
prepare a punch list of items to be completed or corrected. Coordinate final inspection with those
agencies.
Assumptions:
• Testing: Testing shall be the responsibility of the Contractor. A clause will be included in the Special
Provisions stating "Contractor is responsible for all material, laboratory and field testing and verification
required for the contract."
• Duration of construction field services will be 9 weeks
Deliverables:
• Daily construction reports with project photos
• Field Note Records
• Punch lists
Items to be furnished by the CITY
• Yakima logo
• GIS data files
• Specification boilerplate and front-end documents
• Consolidated plan review comments at each submittal review
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Agreement with Perteet Inc. June 2018
Services Performed by Others
• Traffic Control Plans
Optional Services
Upon request, the following additional services could be added to the contract via an amendment to this Scope of
Services:
• Right-of-way plans and acquisition
• Traffic Control Plans
• Cultural and historical resources
Time for Completion
Tasks 1 through 8 will be completed in 6 months from issuance of the notice to proceed. Task 9 will be completed
according to the required advertisement and award requirements for construction bidding opportunities. Task 10
will be completed in 3 months, the anticipated construction window, including project closeout.
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E
Project Yakima Stormwater Projects
Client City of Yakima
Patricia Buchanan
PM
EXHIBIT B
Contract Start Date 7/16/2018
Contract End Date 10/11/2019
Contract Duration: 15 Months
Last Update date 6/15/2018
Perteet Project No. 20180064.PRO
Task Billing Rate
Sr.
Associate
Sr. Engineer
/ Mgr
Lead
Engineer /
Mgr
Engineer I
Lead
Technician/
Designer
Const
Technician
III
Planner II
Construction
Engineer II
Accountant
Clerical
Total
Hours
Labor Dollars
$200.00
$180.00
$160.00
$100.00
$120.00
$100.00
$110.00
$110.00
$90.00
$80.00
Task 1 - Project Management
1.00
8.00
35.00
15.00
59.00
$8,590.00
Total Task 1 - Project Management
1.00
8 ,
35.00
0.00
0.00
0.00
0.00
0.00
15.00
0.00
59.00
$8,590.00,
Task 2 - Concept Development and 30%
Design
Task 2A - Concept Eval, 30% Design,
Cost Estimates
1.00
8.00
16.00
32.00
16.00
4.00
77.00
$9,760.00
Task 2B - Prelim SW Calcs and Basin
Delineation
3.00
4.00
24.00
31.00
$3,580.00
Total Task - Concept Development and
30% Design
1.00
11.00,
20.00
56.00
16.00
0.00
4.00
0.00
0.00
0.00
108.00
$13,340.04
Task 3 - 60% Design
Task 3A - 60% Plan and Outline Specs
12.00
64.00
105.00
75.00
256.00
$31,900.00
Task 3B - SW Calcs and Draft TIR
8.00
6.00
24.00
4.00
42.00
$5,280.00
Total Task 3 - 60% Design
0.00
20.00
70.00
'129.00
79.00
13.00
0.00
0.00
0....00
0.00
298.00
$37,180.00,
Task 4 - 90%/Permit Documents
Task 4A - 90% Plans, Specs, Cost
Estimates
1.00
20.00
38.00
62.00
27.00
1.00
149.00
$19,430.00
Task 4B - SW Calcs and TIR
6.00
2.00
8.00
2.00
18.00
$2,440.00
Total Task 4 - 90ermit Documents
1.00
26.00
40.00
70.00
29.00
0.00
1.00
0.00
0.00
0.00
167.00
$21,870.00
Task 5 - Geotechnical Services
2.00
4.00
32
6.00
$1,000.00
Total Task 5 - Geotechnical Services
0.00
2.00
4.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
6.00
$1,000.00
Task 6 - Site Mapping/Survey
1.00
4.00
5.00
$820.00
Total Task 6 - Site Mapping/Survey
0.00
1.00
4.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
5.00
$820.00
Task 8 - Bid/Construction Documents
4.00
20.00
18.00
13.00
4.00
59.00
$7,600.00
Total Task 8 - Bid/Construction Documents
1}.00
4.00
20.00
18.00
13.00
0.00
0.00
0.00
0.00
4.00
59.00
$7,600.00
Task 9 - Bid Support
2.00
10.00
8.00
6.00
4.00
30.00
$3,800.00
Total Task 9 -Bid Support
0.00
2.00
10.008.00
6.00
0.00
0.00
0.00
0.00
4.00
30.00
$3,800.011
Task 10 - Construction Services
Task 10A - Contract Administration
4.00
60.00
120.00
24.00
208.00
$24,960.00
Task 10B - Field Services
12.00
360.00
372.00
$41,760.00
Total Task 10 - Construction Services
0.00
16.00
60.00
0.00
0.00
120.00
0.00
384.00
0.00
0.00
580.00
$66,720.00
Total Hours
3.00
90.00
263.00
281.00
143.00
120.00
5.00
384.00
15.00
8.00
1,312.00
Total Dollars
$600.00
$16,200.00
$42,080.00
$28,100.00
$17,160.00
$12,000.00
$550.00
$42,240.00
$1,350.00
$640.00
$160,920.00
Expenses:
Mileage - $.545
Totals:
1,855
1,855
SUMMARY
Labor
$160,920.00
Expenses
$1,855.00
Subconsultants
$87,000.00
Management Reserve
$9,997.00
CONTRACT TOTAL
$259,772.00
Subconsultant Fees:
Aspect Consulting LLC
Cruse and Associates, PLLC
Michael Terrell - Landscape
Architecture, PLLC
Cost Markup Bill
50,000
37,000
50,000
37,000
Totals: 87,000 87,000
v7.6.720 (PBUCHANAN) -
EXHIBIT "C"
SCHEDULE OF RATES
Engineering, Planning and Environmental Classifications
Principal
Senior Associate
2018 Hourly Rate
240.00
200.00
33
Senior Engineer/Manager
Lead Engineer/Manager
Specifications Writer
Engineer III
Engineer II
Engineer I
180.00
160.00
160.00
130.00
120.00
100.00
Senior Planner/Manager
Lead Planner/Manager
Program Support Specialist III
Program Support Specialist II
Program Support Specialist I
Planner III
Planner II
Planner I
160.00
140.00
120.00
110.00
80.00
120.00
110.00
80.00
Senior Ecologist/Manager
Lead Ecologist/Manager
Ecologist III
Ecologist II
Ecologist I
160.00
140.00
120.00
100.00
80.00
Lead Technician/Designer
Technician III
Technician II
Technician I
120.00
100.00
80.00
70.00
Contract Administrator
Accountant
Graphics Specialist
100.00
90.00
90.00
Clerical
80.00
Expert Witness Rates:
Consulting & Preparation Time
@ standard hourly
rates
Court Proceedings & Depositions (4 hour minimum) @ 1.5 times hourly
rates
PERTEET, INC.
Schedule of 2018 Billing Rates
Page 2
Direct Expenses Rate
Living & travel expenses outside of service area Cost plus 10 percent
Authorized Subconsultants Cost plus 10 percent
Outside Services (printing, traffic counts, etc.) Cost plus 10 percent
CADD Station $10.00 per hour
Project Controls / Primavera $10.00 per hour
GIS / Traffic Modeling $15.00 per hour
Color Copies $.80 each
Mileage @ current federal rate
Construction Classifications
Construction Engineering Supervisor
Construction Engineering Manager
Construction Manager
Assistant Construction Manager
2018 Hourly Rate
180.00
170.00
120.00
120.00
34
Construction Engineer III
Construction Engineer II
Construction Engineer I
130.00
110.00
100.00
Senior Construction Observer
Construction Observer II
Construction Observer I
120.00
80.00
70.00
Senior Construction Technician
Construction Technician III
Construction Technician II
Construction Technician I
110.00
100.00
90.00
80.00